Source: All England Reporter
Publisher Citation: [2007] All ER (D) 01 (Sep)
Neutral Citation: [2007] EWCA Crim 1632
Court: Court of Appeal, Criminal Division
Judge:

Treacy and Flaux JJ

Representation David Hall (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 21 June 2007

Catchwords

Sentence - Imprisonment - Length of sentence - Trial judge imposing sentence in excess of recommended starting point notwithstanding absence of specified aggravating features - Whether sentence manifestly excessive.

The Case

Sentence Imprisonment. The mere fact that a particular case attracted a certain starting point for the purpose of sentencing did not mean that that was the sentence to be passed. It was for the judge to tailor his sentence to the case having taken account of the appropriate guidelines. Where the defendant had been convicted of one count of rape and sentenced to six years' imprisonment notwithstanding a starting point of five years and a lack of specified aggravating features, that sentence was held, in the particular circumstances of the instant case, to have been properly open to the trial judge. It was not manifestly excessive and, accordingly, the defendant's appeal was dismissed.

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